The Unfulfilled Potential of the Court and Legislature Dialogue

Canadian Journal of Political Science, Vol. 43, No. 2, pp. 443-465, 2009

23 Pages Posted: 5 Jan 2009 Last revised: 14 Jul 2009

See all articles by Grégoire Webber

Grégoire Webber

Queen's University - Faculty of Law; London School of Economics - Law School

Date Written: January 3, 2009

Abstract

Constitutional scholarship has been exploring the idea that the court and the legislature engage in a dialogue over the meaning of the constitution. Yet, despite many contributions to the idea of dialogue over the last decade, its potential remains unfulfilled. The epistemological potential of dialogue remains understudied, in part because the court continues to be viewed as the supreme, if not also the sole expounder of the constitution. For dialogue's potential to be realized, the legislature should be acknowledged as a coordinate actor in expounding constitutional meaning and both court and legislature should assume a disposition for dialogue.

Keywords: constitutional law, judicial review, dialogue, court, legislature

Suggested Citation

Webber, Grégoire, The Unfulfilled Potential of the Court and Legislature Dialogue (January 3, 2009). Canadian Journal of Political Science, Vol. 43, No. 2, pp. 443-465, 2009, Available at SSRN: https://ssrn.com/abstract=1322827

Grégoire Webber (Contact Author)

Queen's University - Faculty of Law ( email )

128 Union Street
Kingston, Ontario K7L3N6
Canada

HOME PAGE: http://law.queensu.ca/directory/gregoire-webber

London School of Economics - Law School ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/gregoire-webber.htm

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